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07-455City of St. Paul RESOLUTION RATIFYZNG ASSESSMENT AMENDED - MAY 17, 2007 (Amendment attached) COUNCIL FILE� tVO. �� ,j /� � BY , ,�r , . - � ! File No. SEE BELOW Assessment No. SEE BELOW Voting Ward In the matter of the assessment of benefits, cost and expenses for 0701T1 (9053) Removing diseased elm trees from 1016 Magnolia Ave E during winter season, 2006/2007. r.nrD OVER BY COUNCIL TO OS-16-07 3� A public hearing having been had upon the assessment for the above improvement, and said assessment having been further considered by the Council, and having been considered finally satisfactory, therefore, be it RESOLVED, That the said assessment be and the same is hereby in all respects ratified. RESOLVED FURTHER, That the said assessment be and it is hereby determined to be payable in Ten equal installments. Yeas Nays Absent Benanav � Bostrom � Harris � Aelgen �/ Lantxy J' Montgomery � Thune � � U v'� Adopted by Council: Date r%� �l'�'� Adoption Certified by Council Se etary BY� ��.�/�,�SG� Approved by �o : Date J �3 p By: 0 7-�.s s � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �u�.Q.i �. �t � � 11� - � �, '\ , � Pw � ������� o��,Y-�� Green Sheet NO: 3039476 ��� Confact Person 8 Phone: 2 ' \ � r' Doc. Type: OTHER (DOESNT FIT ANY C E-0ocumeM Required: Y Document Contact: IGm Robinson ContaM Phone: 266-8856 � Assign Number For Routing Order Total # of Signature Pages _(Clip All Locations for Signature) 0 bSc Works daav Ortiz 1 ouncil Erickwn 2 " Clerk At Council's request this item was laid over to 5-16-07, removing diseased elm trees from 1016 Magnolia Ave E during winter season,2006/2007. File 0701T1 itla5ons: Approve (A) or K Planning Comm'ission CIB Committee Civil Service Commission 1. Has ihis persoNfirm ever worked under a contract for this department? Yes No 2. Has fhis person/firm ever been a cily employee? -. � Yes No 3. Does ihis personlfirm possess a skill not normally possessed by any current aty employee? Yes No E�fain ail yes answers on separate sheM a»d aitach W green sfieM Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Property owners or renters create a health hazard at various times throughout the City of Saint Paul when theu property is not kept up. The City is required by City code to clean up the properiy and charge the property owner for the cost of the clean up. Advantages If Approved: Cost recovery programs to recover expenses for suwmary abatements, grass cutting, towing of abandoned vehicles, demolikons, gazbage hauling and boazdings-up. DisadvanWges If Approved: None Disadvantages H Not Approved: If Council does not approve these chazges, general fund would be requued to pay the assessment. -- 'Transaction: $402.84 Funding Source: Activity Number: Financial I�ortnation: (Exptain) 1 properry owner will be notified of the public hearing and chazges. ,. .:.. �S??�s 4�'�8F?�±?t MAY 0 9 2007 CosURevenue Budgeted: May 8, 2007 10:11 AM Page 1 City of St. Paul Real Estate Division Dept. o£ Technology & Management Sero.COUNCIL FILE N0. Q�,,�j � REPORT OF COMPLETION OF ASSESSMENT File No. SEE BELOW Assessment No. SEE BELOW Voting Ward In the matter of the assessment of benePits, cost and expenses for 0701T1 (9053) Removing diseased elm trees from 1016 Magnolia Ave E during winter season, 2�06/2��7. LAID OVER BY COUNCIL TO 05-16-07 To the Council of the City of St. Paul The Valuation and Assessment Engineer hereby reports to the Council the following as a statement of the expenditures necessarily incurred for and in connection with the making of the above impsovement, viz: Total costs Parks Admin Charge-Code Real Estate Fee Enforcement Service Charge $357.84 $ 25.00 $ $ 20.00 TO`PAL EXPENDITURES Charge To Net Assessment $402.84 $402.84 Said Valuation and Assessment Engineer further reports that he has assessed and levied the total amount as above ascertained, to-wit: the sum of $402.84 upon each and every lot, part or parcel of land deemed benefitted by the said improvement, and in the case of each lot, part or parcel of land in accordance with the benefits conferred thereon; that the said assessment has been completed, and that hereto attached, identified by the signature of the said Valuation and Assessment Engineer, and made a part hereof, is the said assessment as completed by him, and which is herewith submitted to the Council for such action thereon as may be considered proper. f� / Dated 5 �� ZU �� �—� tioiS ancY�Assessment ��' � �� May 16, 2007 City Council Acrion Minutes � 39. Resolution Ratifying Assessment — 07-455 — In the matter of the assessment of benefits, cost, and expenses for removing diseased elm trees from property at 1016 Magnolia Avenue East during winter season 2006/2007. (0701T1] (Public hearing continued from May 2) (GS 3039476) (Legislative Hearing Officer's recommendation is forthcoming - reduce the assessment from a total of $402.84 to a total of $200) Adopted as amended (per the recommendation of the Legislative Hearing Officer) Yeas — 5 Nays — 0 �o � Q;o rl N I O W �+ C [9 E � N � a W WiN a�N 0 x�� a�N � m i N U] � d� O O II C E� W O O II W 2 II �� P i11 O II N i O� N N N II O � �'1L1U? II C 0.l � Ll II U} i a u �C a n O n fY F II W V � II � W � 11 � U] i 000 F. F � 000 H � C O O Z� � OJOO � � I {f1 I I� r { �y I O � i N m O � �n E � Yk U i � � E C� � � � i U] W i o00 a] E � o00 r� a � o0o i � ti ino � H � N N F i-+ .i 2 i o ] � 0 i N i U � i W i i h i a � � �a a w � a w ° w �'oww 2�£w E i W W Cx] u] F4 � a' V � o z� .] E � W H> U' � aQ W 2 W � E�Cm H i cC i � W i 2 i i E z z� w o � � H i � Ci] H � F � a o ��z x a�o ¢� U i i-+ � m�N H W t H rl i Q � Q U i q.7X �+ 7� � FC � a � a F� w a � u�a ] W rC ,� a a � .7E� o i C92 � !x � 5HF w i Orf O � Ca Vl .-1 � � � � � i r i a o i �w �o� �2 �wo� � FC w r� o a�Q wM>o� w � >�o�C d' Y� � z FC o •• o r.� � O .1 r.� [�. i CL I Uj !j' tf� H O � � s HNa � o `� � h zEC�'J� i m o�az�aEZ� � O £ � t-i i m fk � U1 tn �C �o Q i .+ w � wz�oa,-iz � z�s�x� ow� ° o � hh�m� °' � cMOO II d� Noo II OJ � II � h N O II N � N N I I O n v2 v� n c t/� n +ir �wwii E W II wwwna �2i- ii F W i-+ > n O w�anF ceQw n E�UI II E II U aaanw a FC FC n h EEE ii O 000 ��x E E E n a � a w U � a H w � w w 0 m a W V � a ti 07-�{s � LEGISALATIVE HEARING MINLTTES FOR APRiL 17, 2007 1016 Ma�uolia Avenue East (0701T) D�� ���"S Page 6 Ed Olson reported that orders were sent out on 7-20-06 to James 7ohnson at 1016 Magnolia Avenue East. There was a recheck on 8-26-06, and it was still standing. It was sent to the contractor in December 2006 and it was completed on 12-5-06; however, Mr. Olson is not sure the exact date the contractor did that address. A notice is sent to the contractor to do it. They say it is done, and then it is rechecked. This one was rechecked on 12-5-06. The cost is a total of �402.84. Diane and James Johnson, owners, appeared. Mrs. Johnson stated they noticed a red ring around the tree. About a day later, she found a norice at the front door saying there is a tree on the property with dutch elm disease. Mr. Olson responded that date was 7-18. Mrs. Johnson asked when it had to be removed, and she said that the owner has six months to remove it and the bazk has to be stripped. They bought a chain saw. A male that never got out of the huck said they could cut the tree down and it would get assessed to the City. She said that it would not be more than $200 and would be removed within 5 days. It was gone within 3 days. Mr. Olson asked who this person is that they are referring to. Mrs. Johnson responded whoever was contracted with the City. She approached them and said she can cut it down for $200 because it is a certain amount of inches in diameter. Mrs. Johnson did not get anything in writing. Mr. Johnson added that he could cut it down himself for $200. Mr. Olson said the contractors and homeowners are free to negotiate any deal they want to get the service done; however, if it is done under the City contract, it is a certain price per inch that is not negotiable. How big is the tree, asked Mrs. Johnson. Twelve inches, answered Mr. Olson. Mr. Johnson said it had to be done by Saturday, but they didn't come until after Saturday to take the tree down. Mr. Olson explained that the contractor is given a list of properLy owners that are not in compliance. They say it needs to be done in two weeks. If the tree is not done by that time, then they have to be done. Mr. Olson stated that if the agreement is between the owner and the contractor, the City does not get involved. Ms. Moermond stated she is not sure what to do with the tases on this one. The minutes for trus discussion should be forwarded to the Contract office so that a formal compliance could be made, so they are informed. Mr. Olson will be involved. It is not okay that the Johnsons were under the impression that someone warking on behalf of the City was making this offer when it was not a City employee. Mr. Johnson stated that there should be a list of prices. Mr. Olson responded that exists. Mr. Olson asked did they receive notice in July. The letter was sent on 7-20-06 to 1016 Magnolia. Mrs. Johnson responded they were in Florida. They noticed a red ring. Mr. Olson stated they are free to contract with anyone they wanted to. Ms. Moermond will call or send a letter with her decision. Ms. Moermond's recommendation is forthcoming.